Penalties for Refusing a Breathalyzer
New York Underage DWI Lawyer
Experienced DWI Lawyer Defending New York’s Youngest
Has your child been arrested for an underage DWI? You may be feeling so terrified for their future. It is illegal for a driver under the age of 21 to have consumed any alcohol. If you, or someone you know, has been charged with underage DWI in New York, please call experienced New York Underage DWI Lawyer Carl Spector to defend you or your child from a mistake. You still have some of the same rights and defenses that any other person charged with DWI in New York has. These cases are defend-able and winnable. Because of the age issue, this person has a lot more to lose. Besides future employment issues, college admission is at risk and even current enrollment in college can be affected.
The Zero Tolerance Law
If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court. If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge’s finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee. A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $125 civil penalty. Underage DUI arrests in New York carry a heavy burden that negatively impact a young person for decades.
1st Offense Penalties
- Suspended license for 6 months.
- $125 civil penalty.
- $100 fee for suspension termination.
- Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
- Possible ignition interlock device installation, and all associated costs (see below).
2nd Offense Penalties
- License revocation for 1 year (or until you turn 21 years old).
- $125 civil penalty.
- $100 fee for suspension termination.
- Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
- Possible ignition interlock device installation, and all associated costs (see below).
A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $125 civil penalty. Underage DUI arrests in New York State carry a heavy burden that negatively impact an otherwise promising young person for decades. However, you still have some of the same rights and defenses that any other person charged with DWI in New York has. These cases are defendable and winnable. Because of the added complication of being underage, the person has a lot more to lose. Future employment, college admission and even current enrollment in college can be affected. An experienced lawyer is your safest and wisest bet.
What happens if I have been pulled over and I have been drinking?
It is not illegal in the state of New York to be over the age of 21 and operating a vehicle after consuming alcohol, but it is illegal to consume alcohol to the extent that the person’s operation of the motor vehicle would be impaired. If someone only had two beers and their ability to operate the motor vehicle was not impaired, their admission that they only had two beers might not necessarily hurt them because there are many people on any given night who consume alcohol at a relatively moderate level and their ability to operate a motor vehicle is not impaired by that.
It is completely innocuous for someone who was at least 21 years old to admit to a police officer that they had only had two beers. There is a distinction between drinking some and drinking too much. However, because most people do not realize the blood alcohol content in their system may be higher than they would guess, it is wiser to err on the side of caution.
If you, or loved one under the age of 21 have been charged with DWI or DWAI anywhere in New York, we urge you to call our New York Underage DWI Lawyer for a no obligation consultation. New York Underage DWI Lawyer Carl Spector has significant experience handling these matters and can navigate through these difficult cases to get the best possible result for your case.
For some of the most experienced DWI representation in New York, give contact our experienced New York Underage DWI Lawyer. We will not pressure you and we will not play any games. New York Underage DWI Lawyer Carl Spector will answer your questions and if you want us to help, we will.
New York Underage DWI Lawyer Carl Spector is available 24 hours a day, 365 days a year.
If you or a loved one has been charged with Underage DWI or any alcohol related charge in New York, contact experienced New York DWI Lawyer Carl Spector to fight for your justice.